No Contempt, No Jail for Spamming a Judge

A federal appeals court has overturned a criminal contempt citation and 30-day sentence issued to a civil litigant who urged his followers to e-mail the judge presiding over the case.

The case tested the reach of judicial contempt authority (.pdf) in the digital age. The 7th U.S. Circuit Court of Appeals said Thursday that, generally, it did not extend beyond the courtroom.

The brouhaha began in February, when TV pitchman Kevin Trudeau asked his radio and web followers to deluge U.S. District Judge Robert Gettleman with e-mail so he would side with him in a civil lawsuit.

The Chicago judge’s inbox was flooded with hundreds of messages, and his Blackberry froze. He promptly found Trudeau — who was being sued by the Federal Trade Commission — in contempt of court and sentenced him to jail. The term was stayed pending appeal.

The legal question at issue focused on whether contempt of court can occur in a court’s virtual presence.

“Because the conduct occurred outside the judge’s presence and, rather than being forced to stop proceedings by Trudeau’s behavior, the judge had to actually convene proceedings in order to get Trudeau before the court, summary contempt should never have been an option here,” (.pdf) the Chicago-based appeals court ruled.

Because the contempt citation was so unusual, the court left open the possibility for Judge Gettleman to refer the case to federal prosecutors, which would allow Trudeau a chance to defend himself against the charges.

During oral arguments in the case last month, the judge’s attorney, Gary Feinerman, told the three-judge appellate court that computers are part and parcel to a judge’s courtroom.

“The court, at that point, was under attack,” Feinerman argued, according to the Chicago Sun-Times. He said U.S. Marshals are examining the messages to see if any are threatening.

Kimball Anderson, Trudeau’s lawyer, argued his client could only be sanctioned for courtroom behavior, and only if it affects the “administration of justice.”

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